Originally Posted by
JandM
There have recently been some changes to the rules for parents, so I can't be certain about a clear answer to give you.
That remark certainly WAS the correct answer until recently. Sponsored in parents had a 5-year condition on their resident visas, therefore they couldn't meed the second requirement for PR (that all conditions should have been met) until having been a resident for five years, and IF years 4 and 5 met the 'commitment to NZ' criterion.
https://www.immigration.govt.nz/new-...anent-resident
But looking in the regulations, I find that it now states, effective 21/11/2016, that parents' resident visas have a TEN year condition, so it seems possible that they can't get PR till after years 9 and 10.
http://onlineservices.immigration.go...nual/index.htm Go to
Residence>Family Categories>F4 Parent Category>F4.50 Conditions of a resident visa granted under the Parent Category.
The recent nature of this change may account for why the INZ telephone answerers are not aware of the implications - none of the parents affected have yet got anywhere near being able to apply for PR.
However, your parents have 10 years' travel conditions on their Residence visas, so they will not have any difficulty about leaving the country and returning in all that time.
F4.50 Conditions of a resident visa granted under the Parent Category
See also Immigration Act 2009 ss 49, 55
A resident visa granted under the Parent Category is subject to the condition, imposed under sections 49(1) and 55 of the Immigration Act 2009, that the sponsor of the visa holder meets their obligations as set out at R4.10 until ten years from the visa holder’s first day as a resident in New Zealand.
The multiple entry travel conditions on a resident visa granted under the Parent Category must be valid until ten years from the visa holder’s first day as a resident in New Zealand.